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Descriptive Study of Aircraft Hijacking. Criminal Justice Monograph, Volume III, No

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Descriptive Study of Aircraft Hijacking. Criminal Justice Monograph, Volume III, No DOCUMENT RESUME ED 073 315 VT 019 207 AUTHCP Turi, Robert R.; And Others TITLE Descriptive Study of Aircraft Hijacking. Criminal Justice Monograph, Volume III, No. 5. INSTITUTION Sam Houston State Univ., Huntsville,Tex. Inst. of Contemporary Corrections and the Behavioral Sciences. PUB DATE 72 NOTE 177p. EDRS PRICE MF-$0.65 HC-$6.58 DESCRIPTORS *Aerospace Industry; Case Studies; Correctional Rehabilitation; *Criminals; Government Role; *International Crimes; *International Law;Legal' Problems; *Prevention; Program Descriptions; *Psychological Characteristics; Psychological Patterns; Security; Statistical Data IDENTIFIERS Criminal Justice; *Skyjacking ABSTRACT The purpose of this study was to comprehensively describe all aspects of the phenomenonknown as "skyjacking." The latest statistics on airline hijackingare included, which were obtained through written correspondence and personalinterviews with Federal Aviation Authority officials inWashington, D. C. and Houston, Texas. Legal and technical journalsas well as government documents were reviewed, and on the basisof this review:(1) Both the national and international legalaspects of hijacking activities are provided,(2) The personality and emotional state ofthe skyjacker are examined, and (3) Preventionmeasures taken by both the government and the airline industryare discussed, including the sky marshal program, the pre-boarding screeningprocess, and current developments in electronic detection devices.The human dimensions and diverse dangers involved in aircraftpiracy are delineated. Specific hijacking attemptsare enumerated, illustrated by means of case histories. Stages in the evolution of aircrafthijacking and specific suggestions for securitymeasures are discussed, detailing background factors and concomitant problems.(Author) 111100111'' SLC_CLO 0 LOZ6TOIR ;, CRIMINAL JUSTICE MONOGRAPH U $ DEPARTMENT OF HEALTH Vol. III, No. 5 EOUCATION & WELFARE OFFICE OF EDUCATION 1972 THIS DOCUMENT HAS BEEN REPRO DUCED EXACTLY AS RECEIVED Ft OM THE PERSON OR ORGANIZATION 041G INATING IT POINTS OF VIEW OR OPIN IONS STATED DO NOT NECESSARILY REPRESENT OFFICIAL OFFICE OF EDU CATION POSITION OR POUCY Descriptive Study of Aircraft Hijacking Robert T. Turi Charles M. Friel Robert B. Sheldon John P. Matthews INSTITUTE OF CONTEMPORARY CORRECTIONS AND THE BEHAVIORAL SCIENCES SAM HOUSTON STATE UNIVERSITY Huntsville, Texas 77340 TAB,,E OF CONTENTS Chapter Page I.INTRODUCTION 1 Statement of the Problem 1 Purpose of the Study 2 Methodology 3 The ranger of Aircraft Hijacking 3 Insurance 9 National Law 14 Incidents of Aircraft Hijacking 19 The Hijacking Process 50 II.INTERNATIONAL LAW 54 The Traditional Concept of Piracy 56 The Problem of Jurisdiction 59 The Tokyo Convention 60 Individual State Practices 63 International Organizations 70 Extradition 74 Political Asylum 78 The Hague Convention 95 Penalties and Universal Jurisdiction 97 Custody 97 Extradition or Prosecution 98 III.THE HIJACKER 104 Case Histories 109 The Case of Ted 110 The Case of Elmer 115 IV. CURRENT PREVENTIVE MEASURES 119 Chapter Page The Sky Marshal Program 120 The Screening Process 126 Legality of Airport Searches 128 Electronic Devices 132 Funding for the Security Program 133 The Effectiveness of the Security Program 134 Additional Measures 137 Rewards 137 ICAO Actions 138 Codes 138 Public Recommendations 140 V. COMMENTS AND RECOMMENDATIONS 142 The Evolution of Aircraft Hijacking 143 The Role of the Media 145 The International Situation 147 The National Situation 148 APPENDIX A Hijacking Cases Involving U. S. Aircraft 1 May 1961-1 March 1972 150 APPENDIX B A Summary of Averted and Incomplete Hijacking Attempts 1 May 1961- 1 March 1972 155 BIBLIOGRAPHY 164 LIST OF TABLES Table Page 1.Summary of Hijacking Incidents Involving U. S. Registered Aircraft (May 1961- March 1972) 2 2.Chronology of Hijacking 1961- March 1972 20 3. Summary of Type Aircraft Involved in Hijacking 49 4. Summary of Types of Weapons Involved in Hijacking Incidents (May 1961- March 1972) 50 LIST OF ILLUSTRATIONS Figure Page 1.U. S. Hijackings from May 1961 to March 1972 45 CHAPTER 1 INTRODUCTION Statement of the Problem Aerial hijacking is a relatively new peril for the American airline industry and the millions of passengers who depart each year from American airports. Only a little over a decade has passed since the first "skyjacking" of an American airplane on May 1, 1961.1 Yet, the snowballing effect of this initial incident has been swift and dramatic, as one airplane after another is diverted toan unscheduled destination. In 1961, there were a total of five skyjackings of United States registered aircraft, which were followed by only one in 1962 and none in 1963.In 1968, activity increased with 22 aircraft being seized followed by 40 aircraft in 1969.The 40 aircraft seized in 1969 is the largest total to date. Since then, both 1970 and 1971 had an individual total of 27 per year. As of March 1, 1972, there have been 6 skyjackings, making a grand total of 134 skyjackings since 1961.2 (SeeTable 1) 1New York Times, May 2, 1961,p.1 lb 2Letter from V. L. Krohn, Chief, Operations Laison Staff, Office of Air Transportation Security, February 7, 1972 (hereinafter . referred to as FAA Statistics, February 2, 1972). 1 2 TABLE 1 SUMMARY OF HIJACKING INCIDENTSINVOLVING U. S. REGISTERED AIRCRAFT (MAY 1961-MARCH 1972) Air Carrier General Aviation Total I S UTotal I S UTotal I S UTotal 1 5 1961 1 3 1 5 0 0 0 0 1 3 1962 0 0 0 0 0 1 0 1 0 1 0 1 1963 0 0 0 0 0 0 0 0 0 0 0 0 1964 0 0 0 0 0 1 0 1 0 1 0 1 4 1965 0 1 3 4 0 0 0 0 0 1 3 1966 0 0 0 0 0 0 0 0 0 0 0 0 1967 0 0 0 0 0 1 0 1 0 1 0 1 22 1968 1 13 3 17 0 5 0 5 1 18 3 1 6 40 1969 1 33 6 40 0 0 0 0 33 1970 5 17 4 26 0 1 0 1 5 18 4 27 1971 8 11 6 25 1 1 0 2 9 12 6 27 1 6 1972 4 1 0 5 0 0 1 1 4 1 TOTAL207923 122 1 10 1 12 21 89 24 134 Legend: S - Successful U - Unsuccessful I - Incomplete Purpose of the Study There have been numerous articles and papers written con- cerning the problem of hijacking aircraft, however, mosttend to con- centrate on a specific aspect of the problem, i. e. ,the absence of international law.The purpose of this study is to prepare a descrip- tive study of all aspects of the phenomenonknown as "skyjacking." This study compiles the latest statistics on skyjacking, i. e. ,number of incidents, type of aircraft, type of weapons,disposition or status 3 of the skyjackers.It also reviews the legal aspects, both national and international, related to this crime. The personality and emo- tional state of the skyjacker ie also examined. The preventive mea- sures taken by both the government and the airline industry are ex- amined.Included in the preventive measures are the sky marshal program, the pre-boarding screeining process and the latest develop- ments in electronic detection devices. Methodology The major procedure used to gather the information for this study was an extensive review of the pertinent literature.Colum- bia University Law Library provided the legal journals and government documents and the New York Public Library provided the technical journals that were necessary to prepare this study.Government docu- ment, Department of State Bulletins and Reports to Congress concern- ing skyjacking, were also reviewed and analyzed. Current statistics were obtained both through written cor- respondence and personal interviews with Federal Aviation Authority officials, in Washington, D. C. and Houston, Texas. The Danger of Aircraft Hijacking While the hijacked aircraft have been used for diverse missions--such as fleeing with a child awarded to the other parent 4 as a result of a broken marriage,3kidnapping citizens of an enemy state in an aircraft registered in a third state,4dropping political leaflets on the capitols of two countries, Lisbon5and Caracas,6and fleeing from Communist to non-communist nations,7the hijackers all have endangered the lives of the passengers on board, have pre- sented the potential of great damage to the aircraft itself, and have added a note of uncertainty to a hitherto tranquil means of inter- national commerce.8 The human dimensions of skyjacking have grown consider- ably; the five skyjackings in 1961 affected one hundred seventy-eight passengers, as well as the crews, while twenty-seven fully reported hijackings in 1968 involved one thousand four hundred ninety passen- gers (including forty-three hijackers) and one hundred sixty-eight crew members.9 3New York Times, November 3, 1969, p.1. 4 New York Times, August 30, 1969, p.1. 5New York Times, November 11, 1961,p. 1. 6New York Times, November 28, 1961, p. 21. 7New York Times, October 20, 1969, p.1. 8R.L. Smith McKeithen, "Prospects for the Prevention of Aircraft Hijacking Through Law, " Columbia Journal of Tians- national Law, IX (Spring, 1970), 60. 9Gary N. Horlick, "The Developing Law of Air Hijacking,II Harvard International Law Journal, XII (Winter, 1971), 39-40, 1 5 The danger to the aircraft, passengers, and crewmembers was described in the testimony of the Acting Administrator of the Federal Aviation Administration as follows: ...hijacking has involved physical danger to the passengers and the crew. Passengers have been held as hostages or intimidated and crewmembers have been subjected to minor assaults.It is obviota that should a bomb or other form of explosive discharge aboard an aircraft that the aircraft could be lost.Gunplay aboard could involve injury or death among the crew or passengers. As to the possible effects of bullets penetrating the aircraft fuselage, there is little danger of catastrophic effects regarding cabin presurization; however, there is danger that critical aircraft parts could be hit and rendered inoperable (hydraulic or electrical systems, radios, or fuel tanks).
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